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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1644 By: Maynard
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1280.1, which relates to the pos session of
firearms on school pr operty; authorizing the storage
of firearms and weapons in unattended vehicles on
school property; requiring firearms and weapons be
hidden from view; amending 21 O.S. 2021, Section
1289.7, which relates to firearms in vehicles;
authorizing the storage of firearms in vehicles;
expanding scope of certain prohibited act; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1280.1, is
amended to read as follows:
Section 1280.1
POSSESSION OF FIREARM ON SCHOOL PROPERTY
A. It shall be unlawful for any person to have in his or her
possession on any public or private school property or while in any
school bus or vehicle used by any school for trans portation of
students or teachers any firearm or weapon designated in Section
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1272 of this title, except as provided in subsection C of this
section or as otherwise authorized by law.
B. For purposes of this section:
1. "School property" means any publicly owned property held for
purposes of elementary, secondary or vocational -technical education,
and shall not include property owned by public school districts or
where such property is leased or rented to an individual or
corporation and used for purposes other than educational;
2. "Private school" means a school that offers a course of
instruction for students in one or more grades from prekindergarten
through grade twelve and is not operated by a governmental entity;
and
3. "Motor vehicle" means any automobile, truck, minivan or
sports utility vehicle.
C. Firearms and weapons are allowed on school property and
deemed not in violation of subsection A of this section as follows:
1. A An unloaded gun or knife designed for hunting or fishing
purposes kept in a privately owned vehicle and properly displayed or
stored as required by law, provided such vehicle containing said gun
or knife is driven onto school property only to transport a student
to and from school and such vehicle does not remain in a locked
container or locked firearms rack and hidden from view in the motor
vehicle when the motor vehicle is left unattended on school
property;
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2. A gun or knife used for the purposes of participating in the
Oklahoma Department of Wildlife Conservation certifi ed hunter
training education course or any other hunting, fishing, safety or
firearms training courses, or a r ecognized firearms sports event,
team shooting program or competition, or living history reenactment,
provided the course or event is approved by the principal or chief
administrator of the school where the course or event is offered,
and provided the weap on is properly displayed or stored as required
by law pending participation in the course, event, program or
competition;
3. Weapons in the posse ssion of any peace officer or other
person authorized by law to possess a weapon in the performance of
his or her duties and responsibilities;
4. A concealed or unconcealed weapon carried onto private
school property or in any school bus or vehicle used b y any private
school for transportation of students or teachers by a person who is
licensed pursuant to the Ok lahoma Self-Defense Act, provided a
policy has been adopted by the governing entity of the private
school that authorizes the possession of a weap on on private school
property or in any school bus or vehicle used by a private school.
Except for acts of gr oss negligence or willful or wanton misconduct,
a governing entity of a private school that adopts a policy which
authorizes the possession of a w eapon on private school property, a
school bus or vehicle used by the private school shall be immune
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from liability for any injuries arising from the adoption of the
policy. The provisions of this paragraph shall not apply to claims
pursuant to the Worker s' Compensation Code;
5. A gun, knife, bayonet or other weapon in the possession of a
member of a veterans gr oup, the national guard, active military, the
Reserve Officers' Training Corps (ROTC) or Junior ROTC, in order to
participate in a ceremony, assem bly or educational program approved
by the principal or chief administrator of a school or school
district where the ceremony, assembly or educational program is
being held; provided, however, the gun or other weapon that uses
projectiles is not loaded and is inoperable at all times while on
school property;
6. A handgun carried in a motor vehicle pursuant to a v alid
handgun license authorized by the Oklahoma Self -Defense Act onto
property set aside by a public or private elementary or secondary
school for the use or parking of any vehicle; provided, however,
said handgun shall be stored and hidden from view in a locked motor
vehicle when the motor vehicle is left unattended on school
property; and
7. A handgun carried onto public school property by school
personnel who have been designated by the board of education,
provided such personnel either:
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a. possess a valid armed security guard license as
provided for in Section 1750.1 et seq. of Title 59 of
the Oklahoma Statutes, or
b. hold a valid reserve peace officer certification as
provided for in Section 3311 of Title 70 of the
Oklahoma Statutes,
if a policy has been adopted by the board of education of the school
district that authorizes the carrying of a handgun onto public
school property by such personne l. Nothing in this subsection shall
be construed to restrict authority granted elsewhere in law to carry
firearms.
D. Any person violating the provisions of this section shall,
upon conviction, be guilty of a misdemeanor punishable by a fine of
not to exceed Two Hundred Fifty Dollars ($250.00).
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1289.7, is
amended to read as follows:
Section 1289.7
FIREARMS IN VEHICLES
A. Any person who is not otherwise prohibited by law from
possessing or purchasing a firearm and is not carryi ng or
transporting a firearm in the furtherance of a crime may transport
and store in or on a vehicle a firearm, loaded or unloaded, at any
time.
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B. Any person, eighteen (18) to twenty (20) years of age, who
is not otherwise prohibited by law from possess ing or purchasing a
firearm and is not carrying or transporting a firearm in the
furtherance of a crime may transport and store in or on a vehicle,
open or concealed, an unloaded firearm at any time.
C. It shall be unlawful for any person transporting or storing
a firearm in or on a vehicle to fail or refuse to identify that the
person is in actual possession of a firearm when demanded by a law
enforcement officer of this state during any arrest, detainment or
routine traffic stop. Any person who violates the provisions of
this subsection may be issued a citation for an amount not to exceed
One Hundred Dollars ($100.00).
SECTION 3. This act shall become effective November 1, 2023.
59-1-5671 GRS 01/07/23